Deed of division and deed of mortgage
Notarial and land registry fees for your deed of division and deed of mortgage Overview of the services included in the quotation
- Collecting and assessing the required data in various registers (Personal Record Database (“BRP”), Land Registry, VIS, Central Register of Guardianships and Fiduciary Administrations and Insolvency Register) and verifying personal information of the involved parties (marital status, marital property regime, legal capabilities). The common situation involves no particulars in parties’ marital status.
- Assessing the divorce agreement (if present).
- Examining the acquisition of ownership, reviewing if the property is listed as a monument and if there are easements or other special provisions (such as the right of superficies, the obligation of offer etc.).
- Checking for the presence of any mortgages on the property in the Land Registry and (if required) overseeing their removal.
- Drafting the deed of division and the deed of mortgage, as well as sending the drafts to the involved parties as soon as possible. For the deed of mortgage it is common for the lender to be a financial institution.
- Drafting the completion statements as soon as all required financial data has been acquired and sending the completion statements to the involved parties.
- Second check in various registers (Personal Record Database (“BRP”), Land Registry, VIS, Central Register of Guardianships and Fiduciary Administrations and Insolvency Register) and verifying personal information of the involved parties (marital status, marital property regime, legal capabilities) and the like.
- Verifying whether the overcompensation has been paid per the completion statement.
- Signing and executing the deed of division and the deed of mortgage at the offices of Westport Notarissen N.V.
- Lodging the executed deed of division and the executed deed of mortgage with the Land Registry, at which point ownership fully transfers to the acquiring party and the mortgage has been rightfully established.
- Third check in various registers (Land Registry, Central Register of Guardianships and Fiduciary Administrations and Insolvency Register).
- Disbursements of funds per the completion statements.
Rates for notarial fees not included in the quotation
| Acquiring the mortgage holder’s approval for release from joint and individual liability for the person relinquishing their ownership of the property (“ontslag hoofdelijke aansprakelijkheid) | € 272.25 |
| Obtaining consent from the first mortgage holder (in case of bridging mortgage) | € 151.25 |
| Establishment of bridging mortgage per property | € 272.25 |
| Complete redemption and cancellation of a mortgage right, per cancellation (of a mortgage right) | € 242.00 |
| Drawing up a private power of attorney | € 90.75 |
| Drawing up a notarial power of attorney | € 302.50 |
| Surrender policy (“afkoop polis) – per policy | € 242.00 |
| Repayment of credit (“aflossing krediet”) – per credit | € 181.50 |
| Change of date of signing of the deeds more than two weeks ahead of the planned date | € 90.75 |
| Change of date of signing of the deeds less than two weeks ahead of the planned date | € 302.50 |
| More than two properties? Additonal charges per property and per deed | € 42.35 |
| Obligatory investigation origin of funds if the amount paid out of personal funds exceeds the amount of € 10,000.00 | € 121.00 |
| Services involving apartment rights, amounting to at least | € 121.00 |
| Services involving ground lease, amounting to at least | € 242.00 |
| Other services not included in the quotation or mentioned above (including the lack of a proper title of ownership lodged with the Land Registry) | based on hourly rate |
The aforementioned rates include VAT but do not include the fees of third parties.
